CHAPTER 306
H.P. 997 - L.D. 1389
An Act to Allow Partially Consumed Bottles of Wine to be Taken from Restaurants
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §1051, sub-§§4 and 5 are enacted to read:
4. Partially consumed bottles of wine. Notwithstanding subsection 3, any establishment licensed by the State to sell wine on the premises may permit a person who has purchased a full course meal, and purchased and partially consumed a bottle of table wine with the meal, to remove the partially consumed bottle from the premises upon departure, provided that the person is not visibly intoxicated as provided in section 2503, subsection 7, and the bottle of table wine is removed and transported in a manner consistent with subsection 5.
5. Transporting partially consumed bottles. A partially consumed bottle of table wine that is removed from the premises under subsection 4 must be securely sealed and bagged by the licensee, either to be in conformance with any applicable open container law for those patrons on foot or transported in the trunk of a motor vehicle. If the vehicle is not equipped with a trunk, the securely sealed opened table wine bottle may be transported in that compartment of the vehicle that is the least accessible to the driver.
Sec. 2. 28-A MRSA §2074, sub-§1, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:
1. Transportation on-premises or off-premises. Any Except as provided in section 1051, any person who transports liquor onto or off of the premises of an on-premise retail licensee is guilty of a Class E crime.
Effective September 19, 1997, unless otherwise indicated.
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